It would be refreshing to believe that the prosecution will not attempt to appeal this ruling to the Supreme Court, but what is their incentive not to do so?

If they appeal, they can continue to delay the day when they finally have to start proving their case in a court room, and delay having to tell taxpayers how much money they have spent on this prosecution. Plus, the Supreme Court might rule in their favor.

Given the steps they have taken to date, I would be surprised if they do not attempt to appeal it.